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Clam Bay Permit Subcommittee Minutes 03/06/2009 March 6, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY CLAM BAY PERMIT SUBCOMMITTEE Naples, Florida, March 6, 2009 LET IT BE REMEMBERED, that the Collier County Clam Bay Permit Subcommittee in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M., at the Office of Coastal Zone Management, 3300 Santa Barbara Blvd., Naples, Florida with the following members present: Chairman: Tahlmann Krumm, Jr. Robert Rogers Noah Standridge ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Gail Hambright, Accountant Pamela Keyes, Coastal Zone Management 1 MEETING AGENDA CLAM BAY PERMITS SUBCOMMITTEE MEETING FRIDAY, MARCH 6, 2009 - 9:00 A.M. COASTAL ZONE MANAGEMENT (3300 Santa Barbara Blvd., Naples) I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Chairman's Comments and Chairman Appointment VI. Approval of Minutes 1. Approval of February 6,2009 Subcommittee Minutes VII. Staff Reports 1. Navigational Markers Information and Documentation a. Letter from USACE dated March 2, 2009 directed to county to install navigational markers in Clam Bay. b. February 27,2009 email and pictures from Pamela Keyes addressing buoys. c. Collier County Ordinance 96-16 Establishing Clam Bay for Motorized Vessel use at idle speed. d. City of Naples letter dated February 24,2009 expressing support for navigational marking of Clam Bay. e. Quick ~!~~ Deed Ordinance 09-66, Page 1841-1862; Declaration of Restrictions Ordinance 0966, Page 1830-1831; Department of Army, Permit Ordinance 0966 Page 1824-1829 outlining county restrictions against navigational dredging. f. Proposed channel marker locations and signage. 2. Clam Pass Permit information and Documentation a. Clam Pass permit drawings dated February 27,2009 b. Clam Pass Dredging JCP Application dated February 18, 2009. VIII. New Business 1. Resolution of Navigational Markers for Clam Bay. 2. Approval of JCP Permit Application for Dredging Clam Pass - PBS&J. IX. Old Business X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location TBD XIII. Adjournment All interested partied are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. March 6, 2009 I. Call to Order The meeting was called to order at 9:01 AM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken and a quorum was established. IV. Changes and Approval of Agenda Mr. Rogers moved to approve the agenda. Second by Mr. Krumm. Carried unanimously 2-0. V. Chairman's Comments and Chairman Appointment Mr. Krumm assumed the Chairman of the Subcommittee. He stated Public Speakers will be limited to 3 minutes and the comments should not be personal in nature and be related to the facts of the issue at hand. VI. Approval of minutes 1. Approval of February 6, 2009 Subcommittee minutes Mr. Rogers moved to approve the minutes of the February 6, 2009 minutes. Second by Mr. Krumm. Carried unanimously 2-0. Mr. Standridge arrived at 9:07AM VII. Staff Reports Gary McAlpin submitted the Executive Summary "Discuss and make a Recommendations to the Clam Bay Advisory Committee on installation of Navigational Markers/Information Markers for Clam Bay" dated March 6, 2009. The following related documents were also submitted for review and he provided comments as indicated: 1. Navigational Markers Information and Documentation. a. Letter from USACE dated March 2, 2009 directed to County to install Navigational Markers in Clam Bay. · The letter states "Installation of these markers is indeed a requirement of the Department of the Army permit. In addition, the markers must meet Us. Coast Guard standards for signs. Is it requested you provide the Corps with a drawing showing the placement of these markers and a time frame when you expect the signs to be in place." It was noted any changes in the existing Management Plan would require review by the US Army Corps. b. February 27, 2009 email and pictures from Pamela Keyes addressing buoys. 2 March 6, 2009 · The photos are of buoys intended to be used in the marking of the interior channel. c. Collier County Ordinance 96-16 Establishing Clam Bay for Motorized Vessel use at idle speed. · The Ordinance confirms the County allows the use of motorized vessels in Clam Bay. d. City of Naples letter dated February 24,2009 expressing support for navigational marking of Clam Bay. e. Quit Claim Deed Ordinance 09-66, Page 1841-1862; Declaration of Restrictions Ordinance 0966, Page 1830-1831; Department of Army, Permit Ordinance 0966 Page 1824-1829 outlining county restrictions against navigational dredging · Page 1826 - Item c. States, "There is to be no dredging allowed by permit or otherwise in Outer, Inner, and Upper Clam Bay, its connecting waterways and/or adjacent wetlands, or Clam Pass (except to maintain the opening to waters of Gulf of Mexico. ") · Page 1847 - Item 6. Legislation states "Owner shall not apply for dredge or fill permits in Park Site or Conservation Areafrom any governmental bodies, regardless of any future amendments to the statutes or regulations of the United States or the State of Florida or as a result of decisions of the courts of the United States or State of Florida, without the prior written consent of Declarant, which consent may be withheld in the sole and absolute discretion of Declarant. " · This confirms the County may only dredge the Pass for the Maintenance associated with "tidal flushing." f. Proposed channel marker locations and sign age. · A plan was submitted "Proposed Clam Bay Marker Plan" dated March 4,2009, which provides the location of the proposed markers. · The markers would consist of a combination of posts and buoys. · A document providing an example ofthe signs to be placed at the mouth of the Pass and the end ofthe Pass near Seagate, which warns boater's local knowledge, is required to navigate the Pass. · It was noted the Florida Department ofEnvironrnental Protection requires 5 additional informational signs. Mr. Krumm moved to adopt the "Proposed Clam Bay Marker Plan" dated March 4, 2009 for Navigational Signage as submitted by Staff and related Environmental Signage as outlined by Staff. Second by Mr. Standridge. Discussion Mr. Rogers noted: · The poles are more aesthetically pleasing than buoys and recommend their use. 3 March 6, 2009 · Confirmed the marker at the mouth of the Pass will be out in the "Tidal Zone" · A pole with informational signage should be placed when you enter the Pass in the area where the swimmers and boaters usage of the area conflict. Gary McAlpin stated a pole could be placed in this location if it is approved by the required Agencies. An informational sign is currently located on the Beach to warn swimmers on the presence of boats in the area. · All Seagate homeowners that attended the Associations Annual meeting in February 2009 expressed support for marking the channel. · An additional marker should be placed in the middle of the Bay to prevent grounding of boats within the Bay. Discussion ensued on whether the proposed marker near the entrance of the Pass, where swimmers and boaters conflict, should be a pole or a buoy. Gary McAlpin recommended the marker be a pole with an informational sign. Speakers Kathy Worley, Conservancy of Southwest Florida expressed concern if the first two markers at the entrance of the Bay from the Gulf of Mexico are not located properly, it will encourage boaters to traverse over the existing shoal creating environmental damage. This may lead to dredging of the shoal in the future. Linda Roth, Pelican Bay Resident expressed concern the "Proposed Clam Bay Marker Plan" is not in conformance with Provision "A" of the Clam Bay Management Plan. She noted the US Coast Guard states the signs are to keep boaters in the channel and prevent environmental damage to the area. The proposed markers do not meet this objective. She submitted other examples of US Coast Guard markers, which may be used in the area to more efficiently achieve the objective outlined. Sarah Wu, Seagate Resident supports the marking plan but expressed concern the . buoys may be subject to vandalism by "anti boaters." A better alternative would be utilizing the poles. Ned Renfro, Seagate Resident supports marking of the channel, and recommended an additional pole in the area where swimmer/boaters come into conflict as previously discussed. Andy Safron, Seagate Resident noted the most important marker is the additional one discussed in the area of the swimmers. He recommended poles be utilized in all locations (as opposed to a combination of buoys and poles) due to weather related concerns as they are more permanent. Sue Black, Seagate Resident and boater notes the signage and is critical for boaters who do not have local knowledge of the Pass to reduce liability to the County. This will deter boaters who are not familiar with the Pass from entering it. 4 March 6, 2009 Meredeth Dee, Seagate Resident noted the original proposed plan was for 28 pole markers. The new plan is a substantial compromise by the Seagate Homeowners. Collier County Ordinance 96-16 addresses the issue the Bay is navigable. She agrees with the additional 2 markers proposed, but prefers poles to the buoys. Marcia Cravens, President, Mangrove Action Committee provided photos, which showed the lower water level conditions existing in the Pass. The proposed signs do not meet the objective of warning the public to prevent environmental damage. The marking will mislead the public that this area is navigable and encourage them to enter the area creating negative impacts to the existing wildlife environment. Rick Dykman, Seagate Resident noted it is important to place an additional sign in the area where swimmers and boaters come into conflict. He notes marking the channel will aid in preventing environmental damage Jim Pelton supports marking the channel/Bay and noted almost every user of the Pass utilize the Pass at higher tides. Jeff Fridkn, Seagate Resident stated the area is navigable and the public safety needs to be protected by proper signage. Lori Langley, Seagate Resident noted the Seagate residents have been boating in this area since 1957. She prefers the use of poles as opposed to buoys. Mr. Krumm amended the motion to recommend the Clam Bay Advisory Committee move forward to mark the Pass with the proposal ("Proposed Clam Bay Marker Plan" dated March 4, 2009 and additional Florida Department of Environmental Protection (FDEP) informational signs) with the addition of one buoy in the Bay and one informational sign on a pole in the area where swimmers and boaters come into conflict. In addition move forward to obtain permission from the FDEP, US Coast Guard, Fish and Wildlife Service (US) and to place the signs in the desired locations. Mr. Standridge amended his second. Carried unanimously 3-0. 2. Clam Pass Permit information and Documentation a. Clam Pass permit drawings dated February 27,2009 b. Clam Pass Dredging JCP Application dated February 18, 2009. Gary McAlpin and Jeff Tabar of PBS&J provided an overview of a Permit Application for the dredging of Clam Pass for tidal flushing and emergency dredging (storm event) purposes. The Application is within the limits ofthe dredging template and associated cross sections previously permitted. The project is funded by Tourist Development Council revenue. It was noted Clam Bay Advisory Group Subcommittee #2 which deals with water quality and tidal flushing, etc. will be examining the issue and 5 March 6, 2009 recommend any necessary options to be considered for future dredging to improve water quality. Mr. Krumm moved to recommend to the Main Committee the Permit Application be submitted for approval. Second by Mr. Rogers. Speakers Marcia Cravens, President Mangrove Action Group addressed the Subcommittee and: · Requested clarification how the preparation of the Application was approved and funded. · Noted the project occurs in wetlands with potential negative impacts, which requires a public notice. · Noted the Application fails to recognize the work is within a wetland and Natural Resource Protection Area. · Noted the Application is for a sand source for beach re-nourishment and inconsistent with the Growth Management Plan (GMP), Land Development Code (LDC) and Quit Claim deed. · Noted Attachments are missing from the Application. · Stated PBS&J is not familiar with the GMP, LDC and other requirements. Kathy Worley, Conservancy of Southwest Florida requested clarification if a monitoring plan is in place for the northern end ofthe Bay to ensure the environmental benefits ofthe dredging can be accurately assessed. Gary McAlpin noted the hydrologic conditions of the water quality could be provided if requested. Linda Roth, Pelican Bay Resident expressed concern the Permit Application is actually for "sand mining" for beach re-nourishment, not for tidal flushing. Gary McAlpin noted any sand removed during the dredging process that is of "beach quality sand" would be utilized to re-nourish Clam Pass Beach. This activity provides a positive economic benefit to the County. Sue Black, Seagate Resident noted when dredging has occurred in the past, the water quality in the Seagate area has improved. Motion carried 3-0. VIII. New Business 1. Resolution of Navigational Markers for Clam Bay Completed under item VII. 1 2. Approval of JCP Permit Application for Dredging Clam Pass - PBSJ Completed under item VII.2 6 March 6, 2009 IX. Old Business None x. Announcements None XI. Committee Member Discussion None XII. Next Meeting Date To be determined. There being no further business for the good ofthe County, the meeting was adjourned by order of the Chair at 10:50 AM. COLLIER COUNTY CLAM BAY PERMIT SUBCOMMITTEE Chairman, Tahlmann Krumm These Minutes were approved by the Board/Chairman on as presented , or as amended 7